CW Martin, Partner - Dallas-Fort Worth Family Law Attorney
Mar 9, 20223 min
Updated: May 28, 2022
coercive
controlling and
used to gain or maintain power over another.
It can include:
physical abuse
emotional or psychological abuse
financial abuse and
sexual abuse
If you have decided to file for divorce from an abusive spouse, we strongly encourage you to file for a Texas protective order or restraining order. When victims of domestic violence make the often difficult decision to (for example) leave their abuser and file for divorce, they can be facing a very dangerous or even life-threatening situation. Abusers often take drastic measures to exert their control and power and as a result, their violent or controlling behavior tends to escalate. Texas protective orders are intended to restrict, by law, your abuser from contacting you and your children (if involved) and by preventing them from coming within a certain distance of you and your children. In the case of a Texas protective order, If the abuser violates this legal order, it is a criminal offense.
Temporary ex-parte protective order which provides the victim and their family members with immediate protection. To obtain a temporary ex-parte order, you will fill out an application for a protective order and include evidence of the abuse. If the judge believes that the abuser presents a clear and present danger to you and/or your family member(s), they will issue the order which usually lasts up to 20 days.
Final (permanent) protective order A permanent protective order in Texas is effective for the time period stated in the order, which may be up to a maximum of two years.
Magistrate’s order of emergency protection (what most people call an emergency protective order or EPO).A magistrate’s order for emergency protection is issued by the criminal court after the abuser is arrested for committing family violence, sexual assault, sexual abuse, indecent assault, stalking, or trafficking and lasts for approximately 31-91 days.
The Fort Worth divorce lawyers at Martin Oostdyk understand how to protect you and your children and can help you determine the steps needed to ensure your safety now and into the future. Contact us at (817) 813-7777 for a confidential, free consultation or click the button below to book online.